HomeMy WebLinkAbout20113322 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR11-0021
APPLICANT: Kerr-McGee Gathering, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit(fka
AmUSR-428) for a Mineral Resource Development Facility, including an Oil and
Gas Support Facility, and one or more microwave or other communication
transmission or relay towers over seventy feet in height—120 foot Radio Tower(to
add 8 additional compressor units as well as 2 separators,2 slug catchers,a back-
up generator and other equipment) at the existing Frederick Compressor Station
site, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part NW4 Section 15,T1 N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 19; south of CR 10 Right-of-Way.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 G.2. A.Policy 7.2. states: "Conversion of agricultural land to nonurban
• residential,commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development,and should attempt to be compatible with the
region."
Section 22-2-20 I.A.Goal 9. States:"Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land."
22-2-100 A.2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas,when possible, and
should be subject to review in accordance with the appropriate sections of this Code."
The proposed USR amendment is proposing additional equipment and compressors for the
Frederick Compressor Station Site which was originally approved under USR-428 and
amended in 2008 under AMUSR-428. No additional agricultural land will be taken out of
production as the additional equipment and buildings are located within the improved
Frederick Compressor Station site.The facility is located immediately across the street from
three existing residences. The proposed compressors are to be located within buildings and
a noise abatement plan is required to address noise generated by the additional equipment
along with the existing facility.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Section 23-3-40.A.2 of the Weld County Code allows oil and gas support
.
facilities as a Use by Special Review in the A(Agricultural)Zone District.
34
2011-3322
1 .41„.._' ,20„
-0D
Resolution USR11-0021
Kerr-McGee Gathering, LLC
Page 2
• C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Four(4) residential properties are located across County Road 19
immediately to the west and southwest of the site. An existing commercial business(USR-
1330 — excavation business) is located to the north of the site. Agricultural parcels with
residences are located to the south and east. One letter of objection was received from a
property owner to the immediate southwest of the site stating that the site is already very
noisy.
The application indicates that the proposed compressors will be located inside of buildings.
The Department of Planning Services is requiring a noise abatement plan to address this
issue and to ensure compatibility with adjacent properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This site is located within the 3-mile referral areas of the Town of Dacono,
Town of Frederick, and City of Fort Lupton. A referral was received from Dacono indicating
no conflict with their interests. No referral responses have been received from Frederick or
Fort Lupton.
E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
• adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. No additional land will be
taken out of production. The additional equipment and buildings are proposed to be located
on the existing Frederick compressor station site.
G. Section 23-2-220.A.7 —There are adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0021 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
• D. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent public rights-of-way and adjacent properties.
Resolution USR11-0021
Kerr-McGee Gathering, LLC
Page 3
• These areas shall be designed and used in a manner that will prevent wind or animal
scattered trash. (Department of Planning Services)
E. The applicant needs to label all the sheets identifying the water quality feature area and also
label it as a no-build zone. (Department of Public Works)
F. Show the approved access on the plat and label it with the approved access permit number
(AP#). To be provided. (Department of Public Works)
G. County Road 19 is designated on the Weld County Road Classification Plan as Arterial road,
which requires 140 feet of right-of-way at full build out. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents creating the right-of-way
along with the edge of future Right-of-Way(70-feet from the centerline of County Road 19).
All setbacks shall be measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
2. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application from the Air Pollution Control Division(APCD),Colorado Department of Health and
Environment to Environmental Health Services Division of the Weld County Department of Public
Health& Environment. Alternately, the applicant can provide evidence from the APCD that they are
not subject to these requirements. (Department of Public Health & Environment)
3. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Department of Public Health & Environment)
• 4. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection District,as
stated in the referral response dated October 31, 2011. Written evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Fort Lupton Fire Protection District)
5. The applicant shall address the requirements of the Division of Water Resources, as stated in the
referral response dated October 24, 2011. Written evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
6. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and
approval. (Department of Planning Services)
7. The applicant shall submit a Sign Plan to the Department of Planning Services, for all Facility
identification signs, including location and size. (Department of Planning Services)
8. Upon completion of 1-7 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty (60) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
9. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
• resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
Resolution USR11-0021
Kerr-McGee Gathering, LLC
Page 4
• 10. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maos(a)co.weld.co.us. (Department of Planning Services)
11. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
• The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 6, 2011.
Dated the 6'h of�Decem December, 2011.
4'Vaki- v't�' ) wi<ti,
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Kerr-McGee Gathering, LLC
USR11-0021
1. A Site Specific Development Plan and 2n° AMENDED SITE SPECIFIC DEVELOPMENT PLAN AND
SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING AN OIL
AND GAS SUPPORT FACILITY, AND ONE OR MORE MICROWAVE OR OTHER COMMUNICATION
TRANSMISSION OR RELAY TOWERS OVER SEVENTY FEET IN HEIGHT-120 FOOT RADIO TOWER(TO
ADD 8 ADDITIONAL COMPRESSOR UNITS AS WELL AS 2 SEPARATORS,3 SLUG CATCHERS,A BACK
UP GENERATOR AND OTHER EQUIPMENT) AT THE EXISTING FREDERICK COMPRESSOR STATION
SITE, in the A(Agricultural)Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees shall be limited to eleven(11). (Department of Planning Services)
4. The facility operates twenty-four(24) hours a day, seven (7)days a week. (Department of Planning
Services)
5. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
• & Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health &
Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
9. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health & Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of
Public Health & Environment)
11. The operation shall comply with all applicable State noise statutes and/or regulations.
(Department of Public Health & Environment)
12. The operation shall comply with all applicable rules and policies regulated by the Colorado Oil and
Gas Conservation Commission. (Department of Public Health & Environment)
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface,and in
accordance with manufacturer's recommendations. (Department of Public Health & Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, at all
•
times. (Department of Public Health & Environment)
Resolution USR11-0021
Kerr-McGee Gathering, LLC
Page 6
• 15. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health & Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health &
Environment)
17. The applicant shall obtain a Colorado Discharge Permit System/CDPS permit from the Colorado
Department of Public Health and Environment(CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health & Environment)
18. This application is utilizing a well as its source of water(Well Permit#115364). The applicant should
be made aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. We strongly encourage the applicant to test
their drinking water prior to consumption and periodically test it over time. (Department of Public
Health & Environment)
19. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
20. A building permit shall be obtained prior to the construction of any new structures. Currently the
following has been adopted by Weld County: 2006 International Building Code; 2006 International
Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the
2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
21. Provide letter of notification from the Fort Lupton Fire Protection District prior to any new
•
construction. (Department of Building Inspection)
22. Effective April 25,2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
23. Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of
Planning Services)
27. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
28. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
Resolution USR11-0021
Kerr-McGee Gathering, LLC
Page 7
• 29. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
30. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
31. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
32. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
•
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes;hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
• after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
Resolution USR11-0021
Kerr-McGee Gathering, LLC
Page 8
• People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood
•
•
. Don Carroll, Public Works, stated that access is from County Road 68 and added that the County maintains
60 feet of right-of-way. There are no further concerns with this request.
Patrick Groom, 822 7'h St, Suite 760, Greeley, CO, stated that he represents the applicant DCP Midstream.
He stated that this is intended to monitor the LaSalle project and DCP's other operations in Weld County.
With the explosive growth of natural gas production and the accompanying growth in the infrastructure of DCP
it has become important for DCP to monitor remotely its compressor stations and processing plants and
gathering lines both for safety reasons and also to monitor production. The installation of this radio tower will
allow DCP to do that. This site was chosen as it is a remote location with the least impact to surrounding
property owners. In addition, this site provided the elevation requirements that DCP needed for coverage. He
added that they looked at the tower to the north but were told that there was no additional space on that.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked to include the "Right to Farm Statement" in the Development Standards.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR11-0018, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock,yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
• The Chair called a recess at 2:40 pm and reconvened the meeting at 2:50 pm.
The Chair read the following case into record.
CASE NUMBER: USR11-0021
APPLICANT: Kerr-McGee Gathering, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit(fka
AmUSR-428) for a Mineral Resource Development Facility, including an Oil and
Gas Support Facility, and one or more microwave or other communication
transmission or relay towers over seventy feet in height-120 foot Radio Tower(to
add 8 additional compressor units as well as 2 separators,2 slug catchers,a back-
up generator and other equipment) at the existing Frederick Compressor Station
site, in the A(Agricultural) Zone District.
LEGAL DESCRIPTION: Part NW4 Section 15, T1 N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 19; south of CR 10 Right-of-Way.
Chris Gathman, Planning Commission, stated that this site has an existing amended USR(AmUSR-428). The
original USR(USR-428)was approved by the Board of County Commissioners on August 6, 1980 for four(4)
4,000 horsepower compressor units. An amendment to USR-428 was approved by the Board of County
Commissioners on September 17, 2011 to add a 120-foot radio tower to the site. Under this amendment they
are proposing to add eight (8) additional compressors, two (2) separators, two (2) slug catchers, a backup
generator and other equipment to this site. The existing buildings and equipment are presently enclosed by an
existing chain-link fence.
Mr. Gathman noted that the original application form listed 6 additional compressors; however, prior to setting
the hearing date it was clarified that the applicant is requesting a total of 8 additional compressors and this
• was noticed correctly in the newspaper and in the mailed notices to surrounding property owners. It is their
intent to construct the 6 compressors and add the additional 2 compressors in the future.
EXHIBIT
f 7
c
USSIPJ I-002
• Four(4) residential properties are located across County Road 19 immediately to the west and southwest of
the site. An existing commercial business (USR-1330—excavation business) is located to the north of the
site. Agricultural parcels with residences are located to the south and east. One letter of objection was
received from a property owner to the immediate southwest of the site stating that the site is already very
noisy.
Thirteen (13)referrals were sent out and seven(7) referrals were received and indicate either no concern or
approval with conditions.
This site is located within the three-mile referral area of the Towns of Dacono and Frederick and the City of
Fort Lupton. A referral was received from Dacono indicating no conflict with their interests. No referral
responses have been received from Frederick or Fort Lupton.
The application indicates that the proposed compressors will be located inside of buildings.The Department of
Planning Services is requiring a noise abatement plan to address this issue and to ensure compatibility with
adjacent properties.
This existing facility is already enclosed with a chain-link fence and is not screened.The application indicates
that there will be no outside storage of equipment/materials on the site.Therefore a screening/landscape plan
has not been added as a condition of approval for this case.
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Don Carroll, Public Works, stated that County Road 19 is designated as an arterial roadway with 80 feet of
right-of-way at build out. County Road 10 is a section line access or right-of-way; there is 30 feet of right-of-
way on the north side. There are some homes directly east of the site and Weld County has Nonexclusive
• Agreements with those landowners.
Lauren Light, Environmental Health, stated that permanent water and sewer are provided by an existing
commercial well and they have an existing septic system on site sized for 8 people. Staff requested that a
copy of the SPCC Plan and Air Emissions Permit be submitted. Noise is regulated by the Colorado Oil and
Gas Commission.
Commissioner Maxey referred to Development Standard 3 and noted that the employees listed are at ten (11),
which may be a typo however it seems to be in conflict with the size of the septic system for 8 people. Mr.
Gathman said that the previous amendment to the application allowed for up to 10 employees. He added that
this application indicated that they would have one(1)additional employee. Ms. Light said that the additional
employees can be added over time but they will have to upsize the existing system or it may depend on
whether it is part-time employees.
Vince Harris, Baseline Corporation, representing Anadarko, stated that they are proposing to add six (6)
compressors to the site in 2012. There are two additional compressors noted in the application;however they
are not anticipated to be installed in 2012 or any specific time in the near future. The existing tower is 100 feet
in height and they have included in the application a proposed height of 120 feet, if needed. In addition, slug
catchers and separators and other equipment are proposed.
Mr. Harris said that one of the two existing Cooper compressors will run at a time. He added that there are
five existing compressors on site. It is proposed to add the additional 6 compressors and an additional 2
compressors in the future.
There are regulations for daytime and night time noise levels. According to the Colorado Oil and Gas
Conservation Commission (COGCC)the maximum daytime noise level is 55 decibels and at nighttime it is 50
decibels. Anadarko and Noise Solutions have been working to reach the 50 or less decibels. Noise Solutions
• have been onsite to do some noise level testing. The existing compressors are approximately 705 feet from
the western property line. At that specific area, current noise levels are at 58.2 decibels.
8
• There will be silencers put on the Cooper Buildings and some muffler lagging so that will reduce noise levels.
In addition there were some ventilation upgrades as well. The predicted sound levels with all the proposed
equipment are estimated to start at 60 decibels. However with all the upgrades they predict the noise levels to
be at 50 decibels or less.
Commissioner Maxey asked the applicant to clarify the number of employees. Mr. Harris said it should state
that there are eleven(11)employees as they are adding an additional employee. Mr. Maxey asked if they are
planning to upgrade the septic system to meet that level. Mr. Harris said that they will have to upgrade their
system.
Steve Morgan, Calgary Alberta, Canada, stated that they have been working on this site for about 18 months.
He said that all of the compressors will be fully attenuated, therefore the coolers would be completely
enclosed. In addition, there would be exhaust silencers and building ventilation systems.
Commissioner Holton asked if berming would help reduce noise levels. Mr. Morgan said that they prefer
addressing noise on the site. He added that berms are directional to begin with and if you are outside the
noise shadow they found through their testing that it is actually louder because there is no ground absorption
of the noise.
Commissioner Grand asked how we can assure the surrounding property owners that the noise levels will not
go above the 50 decibels. Joe Sanchez, Project Manager for Andarko, said that after the equipment is
installed they will verify the noise sound levels and present those findings to the surrounding property owners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Sheryl Been, 3647 CR 19, stated that it is already noisy with one compressor unit running and without all of the
proposed units running. In the presentation today, the noise levels are already out of range and she doesn't
understand how it is possible to comply with the noise levels with as many as 11 compressors running. It
doesn't seem logical that by adding more equipment it would decrease the noise. She is in opposition of this
application. She added that there is a vibration on their property as well.
Lynn Johns, 8690 CR 10, stated that they built their home in 1998 and it was a peaceful area. There was an
existing building on the subject site but there was no noise coming from that site. In 2002 there was
installation of compressors which made a great deal of noise. It has greatly impacted their lives in the last 8
years. In 2006 he complained to the COGCC regarding this as well as the oil companies, State
Representatives and the Governor of Colorado. He added that they have spent$30,000 to build a dirt berm in
front of their home to try and eliminate some of the noise. Anadarko has installed silencers around the
compressors; however there is a reverberating sound through the bedrock that is a great nuisance. It creates
an intense vibration. He urged the Planning Commissioners to deny the request.
The Chair asked the applicant to address the concerns expressed.
Mr. Sanchez stated that the old Cooper units have a lower RPM compared to the new units that will be
installed which have a higher frequency of vibration that is easier to mitigate with distance. Part of the APEN
agreement they would shut down one of the larger units and only run one unit at a time. Mr. Sanchez said that
this is the first time he has heard of a vibration issue and believes that by shutting down one of the old Cooper
units would help reduce that vibration. Commissioner Hansford asked if the company has looked into resident
frequency generators. Mr. Hansford said that it is common in the automotive industry and these generators
have a frequency that counteracts the other frequency and eliminates the vibration. Mr. Sanchez said that
they will look into that.
Robert Grand asked how the applicant is going to address the concerns expressed by the neighbors.
Mr. Sanchez indicated he felt that they were actively taking steps to address the noise issue through the
• efforts outlined by the presentations of Mr. Harris and Mr. Morgan. He reiterated that the new equipment will
not be operated until it is tested for compliance with Colorado Oil and Gas Commission regulations.
9
• Robert Grand moved to amend Development Standard 3 to read"The number of on-site employees shall be
limited to eleven (11)", seconded by Bill Hall. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case USR11-0021, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes with reservations; Nick Berryman,yes,with comment; Robert Grand,yes,with comment; Bill Hall,
yes with comment; Alexander Zauder, yes with comment; Jason Maxey, yes with comment ; Benjamin
Hansford, yes; Mark Lawley, yes; Tom Holton, yes with comment. Motion carried unanimously.
Commissioner Berryman commented that with the new development standards and controls that hopefully
this will be mitigated as best as possible. It is a difficult problem and he fully supports the citizens to make
complaints should there be problems.
Commissioner Maxey commented this is not an easy case to decide on. He believes that since Anadarko
is well aware of the concerns expressed from the residents they will work hard to mitigate these problems.
He added that it appears that Anadarko was there since the early 1980's and hopes that they will continue
to work with their neighbors.
Commissioner Grand commented that it is a very intense use of this property. He believes Anadarko has
a good reputation of doing what they say they are going to do so that is why he voted yes.
• Commissioner Zauder commented that he voted yes because Anadarko has a good reputation and hopes
that they will continue to work on these issues.
Commissioner Hall commented that it sounds that they are working on the sound issues and believes that
it is an attainable project.
Commissioner Holton commented that he feels comfortable with the steps that Anadarko has taken in the
past years to try and improve that facility. He encouraged them to work with the residents in the area.
The Chair read the following case into record.
CASE NUMBER: USR11-0020
APPLICANT: Miller Family Investments, LLC
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility, including open pit gravel mining (sands, gravels
and stones)and Materials Processing in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E740' NE4 Section 12,T8N, R66W of the 6th P.M., Weld County,Colorado.
LOCATION: South of and adjacent to CR 96;west of and adjacent to CR 37.
Kim Ogle, Planning Services, stated that the Miller Family Investments own this 40 acre parcel which they
intent to extract the mineral resource. Of this total permit area, approximately 8.74 acres has historically
been mined for road base. This old disturbance was before state permitting requirements and was never
permitted. The proposal includes a crushing facility utilizing existing material to be crushed, stockpiled
and dispersed by truck to job sites. There will be no concrete or asphalt batch plant at this location.
The site is currently utilized as non-irrigated pastureland and is surrounded by pasture and or farmland to
the south, west and east and to the north is the North Pierce Gravel Mine, permitted by Weld County
• (USR-1716). The nearest residence is located approximately 2400 feet to the north of the proposed mine
location.
10
Hello